reporter: he has been fighting fighting fighting for -- gay marriage since 2004 and he supported a berkeley couple who launched the prop 8 challenge. >> we will be on the right side of history. >> reporter: they do feel momentum from the november elections. >> three states legalized same- sex marriage. so the tied is shifting. >> i want it to be tackled. i want to be married in any state. >> reporter: so for now it leaves same-sex couples in legal embow. ktvu channel 2 news. >> now to ktvu's eric rasmussen on the case before the court and how it could come down to one vote. >> reporter: and the supreme court could rule in a way that limits its decision to california, banning gay marriage or allowing it, which is what they did a year ago when they struck down proper 8 but they could also rule in a more sweeping way, making a declarations, still a political hot potato here in california. >> reporter: in oakland governor jerry brown didn't want to talk about gay marriage going to the supreme court. >> reporter: do you think it is a good thing? >> i think it is good you are inquiring about it.